For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A retail establishment that has:
(1) As one of its principal business purposes the sale or rental of, or a substantial or significant portion of its stock in trade for sale or rental:
(a) Multimedia which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section; and/or
(b) Sexually oriented devices, as defined in this section; and/or
(c) As used in this definition, multimedia includes, by way of illustration, books, magazines, other periodicals, movies, video tapes, CDs, DVDs and other products offered in photographic, electronic, magnetic, digital or other imaging medium.
(2) Any of the following shall be indicia that an establishment has as one of its principal business purposes, the sale or rental of: publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section; and/or sexually oriented devices, as defined in this section:
(a) The business advertises the sale or rental of adult publications and/or sexually oriented devices;
(b) Access by persons that are under 18 years of age to the business establishment or portions of the business establishment is restricted;
(c) Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive; or
(d) The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.
(3) Such indicia shall be considered along with all other factors and available information.
(4) Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an ADULT BOOKSTORE even though it offers for sale and/or rental of multimedia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter, so long as:
(a) Such described multimedia are stocked and displayed in a room separate from the area of the business establishment where general circulation multimedia are stocked and displayed;
(b) Access by persons under 18 years of age to the room where such described multimedia are stocked and displayed is restricted;
(c) The square footage of the separate room where such described multimedia are stocked and displayed is no more than 10% of the square footage of the area where general circulation multimedia are stocked and displayed; and
(d) The general circulation multimedia portion of the business establishment offers a quantity and selection of new release general circulation multimedia that is typical of a general circulation multimedia store and offers a quantity and selection of other general circulation multimedia that are organized and displayed in a manner that is typical of a general circulation multimedia store.
ADULT LIVE ENTERTAINER. An employee who engages in or performs adult live entertainment.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this chapter.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business which has as one of its principal business purposes the presentation of adult live entertainment for observation by patrons.
ADULT MINI MOTION PICTURE BOOTH. Any booth or partitioned area of less than 150 square feet in an adult mini motion picture theater that is designed to hold patrons for the presentation and viewing of still or motion picture multimedia that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter.
ADULT MINI MOTION PICTURE THEATER. A commercial establishment with one or more adult mini motion picture booths where:
(1) One of the principal business purposes is the presentation and viewing of still or motion pictures in the viewing booths that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter;
(2) A substantial or significant portion of the stock of still or motion pictures available for viewing or that are actually viewed in the viewing booths are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this chapter;
(3) Any of the following shall be indicia that the business establishment has as one of its principal business purposes, the presentation and viewing in viewing booths still or motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter:
(a) Restricted access to the business establishment or portions of the business establishment where viewing booths are located by persons that are under 18 years of age; and
(b) Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive.
(4) Such indicia shall be considered along with all other factors and available information.
ADULT MOTION PICTURE THEATER. A commercial establishment that regularly presents motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, in an area, whether enclosed or not, of 150 square feet or greater, for observation by patrons therein.
APPLICANT. The owner of a sexually oriented business.
CHIEF OF POLICE. The Chief of the Cramerton Police Department or his or her designee.
CLOTHING MODELING STUDIO. Any place where, for any form of consideration or gratuity, a person agrees or offers to privately model clothing, including, but not limited to, lingerie, for an individual patron.
CODE ADMINISTRATOR. Person appointed by the Town Manager to serve as the Administrator of the Code of Ordinances for the Town of Cramerton.
CONVICTED. An adjudication of guilt and entry of judgment following a trial or a plea of guilty or no contest in a criminal case arising under local, state or federal law.
EMPLOYEE.
(1) Any person who performs any service or entertainment upon the premises of a sexually oriented business whether or not the person is denominated an employee, independent contractor, agent or otherwise and regardless of whether or not the person is paid a salary, wage or other compensation by the operator of the business.
(2) EMPLOYEE does not include a person exclusively on the premises for any of the following:
(a) The repair or maintenance of the premises;
(b) The delivery of goods to the premises; or
(c) The delivery of services, such as legal, accounting, insurance or other similar services provided to businesses generally.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
OPERATOR. Any person who is both present on and in charge of any sexually oriented business and includes the following:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association or general partnership;
(3) Each general partner in a limited partnership; or
(4) Each officer, director and owner of 50% or more of the stock of a corporation.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS. Any adult book store, adult live entertainment business, adult mini motion picture theater, adult motion picture theater or clothing modeling studio, as defined in this section.
SEXUALLY ORIENTED CRIME. Any criminal offense under local, state or federal law involving or related to rape, sex offense, sexual abuse of minors, crime against nature, incest, prostitution, indecent exposure or this chapter.
SEXUALLY ORIENTED DEVICES. Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Sex acts, normal or perverted, actual or simulated, including human masturbation, sexual intercourse, oral copulation or sodomy;
(3) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or
(4) Excretory functions, as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
STRADDLE. The act of the straddling of the legs of one person over any part of the body of any other person, regardless of whether there is a touch or touching.
TOUCH. To touch with a portion of the human body or with any object.
TOWN MANAGER. The Town Manager of the Town of Cramerton or his or her designee (who shall not be an employee of the town’s Police Department).